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Published by the Indiana Office of Court Services

Montgomery v. State, No. 82A01-1404-CR-163, __ N.E.3d __ (Ind. Ct. App., Dec. 11, 2014).

December 11, 2014 Filed Under: Criminal Tagged With: Appeals, C. Bradford

Bradford, J.
Indiana Code section 35-48-4-14.7(d)(5) requires that before a retailer may complete the sale of an over-the-counter product containing pseudoephedrine or ephedrine, the retailer shall electronically submit the required information to the [NPLEx] administered by the National Association of Drug Diversion Investigators (NADDI), if the NPLEx system is available to pharmacies or NPLEx retailers in the state without a charge for accessing the system. The [retailer] may not complete the sale if the system generates a stop sale alert.
. . . .
We have previously held that NPLEx records qualified as business records under Evidence Rule 803(6). See Embrey v. State, 989 N.E.2d 1260, 1267 (Ind. Ct. App. 2013). Further, although NPLEx records may occasionally be used to establish or prove some fact at trial, that is not the main purpose of the NPLEx records. Again, the main purpose of the NPLEx records is to enable the NADDI to track and regulate the sale of non-prescription ephedrine and pseudoephedrine. Accordingly, the main purpose of the NPLEx records is not to establish or prove some fact at trial. As such, in light of the United States Supreme Court’s holding in Melendez-Diaz, we conclude that the records are not testimonial and that the admission of NPLEx records at trial did not violate Montgomery’s rights under the Confrontation Clause. Montgomery’s claim to the contrary therefore fails.  [Footnote omitted.]
NAJAM, J., and MATHIAS, J., concur.
 

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